The Crown appealed a sentence for sexual assault in which the respondent received a conditional discharge with probation terms including six months of house arrest and electronic monitoring.
The court held the appeal was not moot despite completion of the sentence because entry of a conviction carried continuing consequences.
Applying sentencing appeal principles, the court found the sentencing judge unlawfully used probation as a disguised conditional sentence and gave undue weight to immigration-related collateral consequences, producing a demonstrably unfit sentence.
The appeal was allowed, a conviction was entered, and a four-month conditional sentence was imposed but stayed because the respondent had already completed an equivalent community-based sentence.
The court separately declined to make a SOIRA order under s. 490.012.
